Overview
- Attorney General Liz Murrill, joined by the Louisiana Department of Environmental Quality, filed the lawsuit in the U.S. District Court for the Eastern District of Louisiana.
- The complaint alleges unlawful pollution of state and federal waters and years of noncompliance with the Louisiana Pollutant Discharge Elimination System permit.
- State lawyers cite an EPA review that found Smitty’s required oil spill prevention and response plans insufficient following the Aug. 22 explosion.
- The suit seeks $32,500 for each day of violation and, under certain findings, an additional penalty of up to $1 million.
- Roughly 11 million gallons of material have been collected from the facility and nearby waterways, testing detected multiple contaminants, and the state says remaining hazards pose a risk of future discharge, while Smitty’s has blamed a defective thermal heater and sued outside firms.